Republic v Leonard Kipngeno Korir [2014] KEHC 999 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KERICHO

CRIMINAL CASE NO. 6 OF 2013

REPUBLIC……………………………………….PROSECUTOR

VERSUS

LEONARD KIPNGENO KORIR………………....…….ACCUSED

RULING ON SENTENCE

The accused was charged with the offence of murder which was later reduced to manslaughter Contrary to Section 202 as read with Section 205 Penal Code after a plea bargaining arrangement.

The accused and the deceased shared one mother, but different fathers.  It is, in the facts that the two had been drinking and they quarrelled.  This in itself did not give the accused good reason to sneak into his brother’s house and kill him.

I have taken note of the issues raised in the social inquiry report.  The environment at home is not safe for the accused now.

Considering the circumstances under which this offence was committed plus the fact that the accused has been in custody for almost two years now, I find a sentence of four (4) years imprisonment to be appropriate.  He is so sentenced

Dated, signed and delivered this 19th day of December, 2014

H.I. ONG’UDI

JUDGE

In the presence of

M/s Njenga for State

Mr. Mutai for accused – absent

Lagat; Court Assistant

Accused – present in person

Interpretation; English/Kiswahili